VERIFIED ANSWERS (100% CORRECT ANSWERS)
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Ted broke into Sally's at 7:30 am wile sally was sleeping. While in the apartment,
ted intentionally set Sally's bed on fire. What crime did Ted commit? - ANSWER -
First Degree Arson
Cases where the court of criminal appeals has interpreted statutory law in very
specific cases are called - ANSWER -Case Law
An arrest warrant issued out of the district court, charging a misdemeanor. Can be
served - ANSWER -whatever the warrant states
Malice Aforethought as used in Murder in the first degree may be defined as -
ANSWER -deliberate intent
Normally, if you make an arrest outside your jurisdiction you do so - ANSWER -
as a private citizen
False arrest and false imprisonment cases are - ANSWER -criminal and civil
What are the two main types of municipal courts in Oklahoma? - ANSWER -
Courts of record and courts not of record
A writ is - ANSWER -an order if the court
,Mary, age 13 gives her consent to have sexual intercourse with Sam (age 22) If
Sam has intercourse with Mary what has been committed? - ANSWER -First
Degree Rape
Burden of proof in a civil case is - ANSWER -preponderance of the evidence
What amendment gives a citizen the right to not self-incriminate? - ANSWER -
(5th Amendment)
The elements of civil battery are - ANSWER -intentional, non-consensual,
physical contact and another person
The rights to an attorney during police interrogations, or when defendants are in
custodial situations are assured by - ANSWER -Miranda VS. Arizona
Generally, a police officer may arrest for a misdemeanor - ANSWER -committed
or attempted in his presence
Improper service, improper venue, lack of jurisdiction and statute of limitations
are examples of - ANSWER -technical defenses of a constitutional tort.
Reasonable grounds, such as would warrant a prudent person to believe certain
facts are true is - ANSWER -probable cause
Failure to exercise the necessary degree of care where a reasonable person would
use under a given set of circumstances is called - ANSWER -negligence
,The legal steps necessary to prove a violation of a criminal stature is known as -
ANSWER -elements of the crime
Homicide is justifiable - ANSWER -when defending against deadly force.
A good rule concerning the use of force by an LEO is - ANSWER -use force
when it is necessary and then use only reasonable force
Under conditions specified on 21 O.S. 540B a person commits a felony by running
a roadblock. Under these conditions an officer may - ANSWER -use deadly force
if the person poses a threat of deadly force to the officer or another.
Sam is in his house sitting on the sofa in the living room, when you tell him he is
under arrest. You may search - ANSWER -Sam and the surrounding couch
cushions
You feel you have reason to search a motel room rented by an individual for
period of five days. It is day two of the rental period the individual in not available
to give consent. You may - ANSWER -seek a search warrant.
An affidavit must describe the person or placed to be searched - ANSWER -so
precisely that it excludes all other persons and places
A search warrant must be executed and returned to the issuing magistrate within -
ANSWER -10 days
, You are unable to appear to magistrate to personally give testimony and present
your affidavit to the court to receive a search warrant.
The statutes allow - ANSWER -the magistrate to authorize you to sign their name
You have compelled to search a certain apartment which is learned by Sam. You
realize that you do not have sufficient PC to get a search warrant so you decide to
seek permission to search. The person who can give you consent is the -
ANSWER -lessee.
The Carroll Doctrine is a rule permitting searches of cars, boats or aircraft without
a search warrant if three conditions are present - ANSWER -Mobile Must have PC
and there's no time for a warrant.
Mere suspicion or a hunch allows the officer to - ANSWER -start investigating
Hearsay is - ANSWER -second hand information
Direct evidence - ANSWER -requires no interferences to be drawn in order to
reach a conclusion
For evidence to be admissible it must be - ANSWER -factual and material
Searches and seizures conducted outside the judicial process W/O prior approval
by a judge, are "per se" unreasonable - ANSWER -Under the 4th amendment
subject to a few specifically established and well delineated exceptions